Chandrabhanu Jain And Another vs Smt. Bishakha Dash And Others
2023 Latest Caselaw 15735 Ori

Orissa High Court

Chandrabhanu Jain And Another vs Smt. Bishakha Dash And Others on 7 December, 2023

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            R.S.A. No.331 of 2015

            Chandrabhanu Jain and another                ....           Appellant(s)
                                                                   Mr.B.Baug,Adv.

                                            -versus-

            Smt. Bishakha Dash and others                ....          Respondent(s)
                                                                         None

                      CORAM:
                      JUSTICE ANANDA CHANDRA BEHERA
                                     ORDER

Order No.                          07.12.2023
   09.      1.      This matter is taken up through hybrid arrangement
            (virtual/physical) mode.

2. Heard from the learned counsel for the Appellants.

3. Admit the Appeal on formulation of the following substantial question of law as per Section 100 (4) of the CPC i.e.:-

<Whether the plaintiffs/respondents are entitled for the decree of eviction and as well as realization of arrear rent against the defendants by filing suit vide T.S. No.36 of 1993 claiming their relationship with the defendants/respondents as landlords and tenants in respect of the suit properties, when they (plaintiffs/respondents) have failed to establish such relationship as landlords and tenants between them?=

4. After admission of this Second Appeal on formulation of the above substantial question of law, the learned counsel for the Appellants submitted that, the respondents/plaintiffs are trying to evict the Appellants forcibly from the suit properties and in case they will be evicted forcibly before hearing of this Second Appeal, then their main object of filing of this Second Appeal shall be frustrated.

// 2 //

5. By taking the aforesaid submissions of the learned counsel for the Appellants into account, the further proceedings of the operation of the judgment and decree passed by the First Appellate Court in R.F.A. No.33/27 of 2009-13 (arising out of T.S. No.36 of 1993) pending in the Court of Civil Judge (Jr. Division), Bargarh be stayed till the next date of listing.

6. Call for the photocopies of LCRs. from the Trial Court and as well as from the First Appellate Court.

7. Registry is directed to take steps to call for the same.

8. Learned counsel for the Appellants is directed to file requisites for issuance of Appeal notices to the Respondents within a week positively.

9. List this matter on 05.03.2024.

10. Registry is directed to grant the certified copy of this order in course of the day to the parties on their proper application.

(A.C. Behera) Judge Utkalika

Designation: Junior Stenographer

Date: 08-Dec-2023 15:36:33